Can undocumented immigrants apply for workers' comp?

On behalf of Julie Killian of Kampf, Schiavone & Associates posted in Workers' Compensation on Saturday, November 5, 2016.

From workplace accidents to layoffs, workers face a number of stressors. However, undocumented immigrants and those who have a work visa may face additional employment-related challenges. If you are an undocumented worker in San Bernardino or employ a worker who is in this position, it is important to understand where California stands on workers' compensation benefits for undocumented workers.

Undocumented workers are able to apply for workers' comp if they suffer a job-related injury, according to the Department of Industrial Relations. After filing a claim, the injured worker cannot be terminated because of their application and his or her employer needs to help with medical treatment. If you are hurt at work and are an undocumented worker, you may be entitled to a number of benefits, including free job training and medical coverage. In addition to workers' compensation, undocumented workers have other rights concerning their employment, such as minimum wage protection and the ability to take breaks, among others.

If you suffer an injury at work and are unsure of what to do, it is very important to ensure that your rights are not trampled upon. Recovering from a workplace accident can be incredibly challenging and you should do whatever you can to piece your life back together. Depending on the extent of your injury, you may never make a full recovery and could find yourself forced to find a new occupation.

This post was written to provide helpful information on workers' compensation and should not be interpreted as an alternative to legal counsel.

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